Ex Parte Hammonds

230 S.W.2d 820, 155 Tex. Crim. 82, 1950 Tex. Crim. App. LEXIS 1750

• Court: Court of Criminal Appeals of Texas
• Decided: May 31, 1950
• Docket: 24908
• Status: Published

Opinions

GRAVES, Judge.

Relator is charged with the crime of rape, and was thus charged in September, 1949, by complaint, and before an examination court he was called to answer to the grand jury in bond in the sum of $2,000.00. The grand jury met and adjourned for the term and failed to find an indictment against him, thus rendering nugatory this charge against relator. Thereafter, on May 2, 1950, a similar complaint was filed against relator for the same offense, and again, he was required to give a $2,000.00 bond to answer to the next grand jury, whereupon relator filed this writ of habeas corpus seeking his release from such charge. Upon a refusal to grant such release by the district judge, he was held in bond pending appeal in the sum of $1,500.00. He alleges that he is unable to give such bond. We quote from a stipulation in the statement of facts as follows:

“It is further stipulated that on the 10th day of May, 1950, Cory Leland Hammonds was remanded to jail in Hidalgo County, Texas, for the first time for failure to post the required amount of bond, which said bond was Two Thousand Dollars ($2,000.00) required by the said Clayton R. Baird, Justice of Peace, Precinct Six (6), Place One (1); it is further agreed that the 10th day of March, 1950, was the first day that Cory Leland Hammonds was incarcerated in the Hidalgo County jail.”

No proof is present relative to relator’s ability to make bond, but a mere allegation alone is made.

Relator’s bond herein is reduced to the sum of $500,00, and as thus reduced, the judgment is affirmed.